Privacy Policy

FOKO PRIVACY POLICY

This Privacy Policy applies to Foko’s processing of personal information, including the processing of personal information through Foko’s website and services available at fokoretail.com, foko.co and other sites (the “Service”). This Privacy Policy describes Foko’s policies and procedures on the collection, use and disclosure of your personal information when you use the Foko Service or interact with Foko in any of the ways described in this Privacy Policy. By accessing or using the Service or by interacting with Foko in any of the ways described in this Privacy Policy, you agree to this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service. In this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable natural person.

INFORMATION WE COLLECT

Information you provide: When you register for a Service account, we collect some Personal Information, such as your name, title, email address, phone number, avatar and biography. In general, your name, email address, phone number and other information you choose to provide in respect to the Service will be viewable and discoverable by other Service users. In some cases, where Content has been shared with users outside your email domain extension, your information (including Personal Information) may be viewed by those additional users.

Content: You also provide information in Content you post to the Service. The Content you provide may contain Personal Information about you. When you submit Content to the Service, you are electing to provide the Personal Information contained in that Content to Service and consequently to Foko and the service providers it uses in operating the Service. Accordingly, before submitting Content to the Service, you should consider whether you want to make that Personal Information viewable and discoverable via the Service. In general, the Content you provide will be viewable and discoverable by other Service users. In some cases, where Content has been shared with users outside your email domain extension, your information (including Personal Information) may be viewed by those additional users. Foko can, but has no obligation, to monitor the Content you post on the Service.

Geo-Location Information: Content that you upload or share via the Service may contain recorded geo-location information. If Content contains geo-location information, then that geo-location information is read from the Content and stored as a feature of that Content in Service and such geo-location information will be viewable and discoverable to the same extent as the corresponding Content. In addition, the Service has a feature that allows Service customers to enable geo-fencing. When enabled, this feature allows customers to limit their users use of Foko mobile applications to within a specified distance of a particular geo-location (which is typically a store operated by the applicable customer). The users of a customer that has enabled the geo-fencing capability, will be prompted by the Foko mobile application about whether that user is willing to allow the Foko mobile application to use the applicable device’s location services. If the user consents, the Foko mobile application uses the device’s location capabilities to determine whether to allow the user to access the mobile application at that location (based on the geo-fencing parameters specified by the applicable customer).

Device Identifiers: When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers”. Device identifiers allow us to uniquely identify your device and are used to enhance the Service (including sending updates and information from the Service).

Payment Information: Foko currently uses Stripe for processing of secured payments of Services-related fees. When you pay your Service fees, your credit card or other payment credential-related information is transferred securely via SSL from the Service to the third-party payment processor being used at that time by Foko. No credit card or other payment credential-related information is ever stored on servers controlled by Foko. The third-party payment processor used by Foko have our permission to store on Foko’s behalf the credit card or other payment credential-related used in transactions with Foko with the goal of providing a secure payment process. This data may be used for validation and registration purposes, and to trace any fraudulent activities if necessary. When stored by an applicable third-party payment processor, your credit card or other payment credential-related information is subject to that processor’s privacy policy.

Analytics: When you access the Service on our website, we may collect information (using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Service. As of the date of this policy, we use Google Analytics for these capabilities.

Log data: As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Service and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using our Website or Service, browser type and settings, the date and time the Website and/or Services were used, information about browser configuration and plugins, language preferences and cookie data.

Cookie Information: Foko uses cookies and similar technologies in our Websites and Service that help us collect information about you. The Websites and Service may also include cookies and similar tracking technologies of third parties, which may collect information about you via the Websites and Service and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.

Employee and Candidate Information: When Foko seeks candidates for potential jobs with Foko, Foko collects information that those candidates choose to provide to Foko when applying, which may include contact information, education and employment history, credentials, place of residence and other information the candidate believes to be relevant. For people who become our employees, we will typically retain the information provided by those candidates in the application process along with additional information to manage their employment relationship with Foko, including, without limitation, information related to income tax reporting and withholding and enrollment in Foko benefit plans.

Marketing Information: From time to time, Foko may conduct surveys or hold contests or other events and in connection with such surveys, contests, or events, Foko may collect information you elect to provide about yourself, such as your name, email address, telephone number, organization name and address; and general information about the company for whom you work. In addition, Foko may use third-party service providers to collected business-related information about your employer such as its name, size, and publicly available revenue in connection with potentially offering the Service to your employer.

Foko Suppliers and Partners. Foko collects contact information of individuals who work for our suppliers and other partners in order to communicate with those persons and entities about the business relationship between them and Foko.

HOW WE USE INFORMATION

Foko uses the Personal Information it collects for the purpose of fulfilling our contractual obligations to you under our Terms of Service and/or other contracts with you, in furtherance of our legitimate interests in operating our Service, Websites and business and/or where you have consented to such use. More specifically, Foko uses Personal Information:

To provide, update, maintain and protect our Service, Websites and business. This includes use of Personal Information to support delivery of the Service under our Terms of Service and/or other contracts with you, prevent or address Service errors, security, or technical issues, analyze and monitor usage, trends, and other activities. We may use your email address or phone number to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.

As required by applicable law, legal process, or regulation. Foko may use your Personal Information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Foko’s rights or property.

To communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your Personal Information to respond.

To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Service, our Service offerings, and important Service-related notices, such as security and fraud notices. These communications are considered part of the Service and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news about Foko. These are marketing messages so you can control whether you receive them.

For billing, account management and other administrative matters. Foko may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.

To investigate and help prevent security issues and abuse. Foko is entitled to use your Personal Information to detect, prevent, or otherwise address fraud, security, or technical issues.

To manage and perform contractual relationships with you. Foko may use Personal Information to manage and perform contractual relationships with employees, contractors, service providers and other people and entities with whom Foko has contracted in connection with the operation of its business. 

For marketing purposes. We may also use your contact information to send you marketing messages. If you are in Canada or the EEA we will only to do if you have opted in to receive such communications. If you don’t want to receive these messages, you can opt out by following the instructions in the message.

HOW WE SHARE YOUR INFORMATION

Your Use: We will display the information you provide on your profile page and elsewhere in the Service. In general, the information and Content you provide will be viewable and discoverable by other users. In some cases, where Content has been shared with users outside your email domain extension, your information (including Personal Information) may be viewed by those additional users. Any information (including Personal Information) you choose to provide should reflect how much you want others to know about you. You can review and revise your name, title, biography and avatar at any time.

Service Providers, Business Partners and Others: We may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Service and may disclose Personal Information to them in the course of our use of their services. For example, we may use the services of third-party hosting companies to host the operation of the Service. This may involve the hosting of data, including Personal Information, on servers operated by those hosting companies. We encourage you to review these other privacy statements. Foko and its service providers are located primarily in the United States and Canada. You acknowledge that Foko and its third-party service providers may be in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing. We endeavour to have appropriate safeguards in place if we transfer Personal Information originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law, including without limitation by using service providers who are EU-US Privacy Shield compliant or by requiring them to enter into the European Union Standard Contractual Clauses.

Compliance with Laws and Law Enforcement Requests; Protection of Foko’s Rights: Foko may disclose your Personal Information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Foko’s rights or property.

If Foko is acquired by or merges with another entity or if Foko sells its assets related to the Service, then your Personal Information will be transferred to the entity or entities acquiring or merging with Foko or acquiring Foko’s assets. Your Personal Information may also be transferred in connection with due diligence for any such transactions. In all cases, if any such transactions occur, your Personal Information will remain subject to the restrictions and protections set forth in this Privacy Policy. Your Personal Information may also be transferred to a person or entity who acquires Foko’s assets if Foko is involved in a bankruptcy or bankruptcy-related restructuring.

Non-Personally Identifiable Information: We may disclose your non-private, aggregated, or otherwise non-personally identifiable information, such as anonymous usage data, platform types, etc., with interested third parties to help them understand the usage patterns for certain Foko Services. Foko may also use your Personal Information to created aggregated statistics and analytics from which you cannot be identified.

HOW WE PROTECT YOUR INFORMATION

The security of your information (including your Personal Information) is important to us. Foko enforces Roles Based Security to limit user access to data. We use trusted third-party services for data security, system security, back-ups, and disaster recovery.

No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Personal Information is compromised because of a breach of security, Foko will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

INTERNATIONAL DATA TRANSFER

We may transfer information that we collect about you, including Personal Information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the processing, use and disclosure of information about you, including Personal Information, as described in this Privacy Policy. As noted above, we endeavour to have appropriate safeguards in place if we transfer Personal Information originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law, including without limitation by using service providers that are EU-US Privacy Shield compliant or by requiring them to enter into the European Union Standard Contractual Clauses.

DATA RETENTION

Foko may retain Personal Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Personal Information after you have deactivated your account for the time needed for Foko to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

LINKS TO OTHER WEB SITES

We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.

IDENTIFYING THE DATA CONTROLLER AND PROCESSOR

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Foko is the controller of information which Foko requests or collects for the purposes of maintaining the Service. Foko’s customers are the controller of Personal Information which they enter into the Service which is not requested by Foko. Foko’s Data Processing Addendum applies to the processing of any Customer Data to which the General Data Protection Regulation (2016/679) applies.

YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your Personal Information. You may have the right to:

  • Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details below.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CHANGES TO OUR PRIVACY POLICY

If we change our Privacy Policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACTING FOKO

Please also feel free to contact Foko if you have any questions about this Privacy Policy or Foko’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at CUSTOMER@FOKORETAIL.COM or at our mailing address below:

Foko Inc

153A Promenade du Portage, Suite 200

Gatineau QC, J8X 2K4

QUESTIONS? EMAIL US AT CUSTOMER@FOKORETAIL.COM